Sen. Chris Garten

Adds the following to the definition of "entertainment complex": (1) A premises located within a five mile (instead of four mile) radius of the center of a consolidated city. (2) A premises used as a museum of fine arts. (3) A premises that has a 200 person audience capacity and artist housing. Provides that a primary source of supply, manufacturer, or wholesaler may supply equipment on a temporary and nondiscriminatory basis to the holder of a retailer permit or a temporary permit for the purpose of holding, storing, and dispensing product to consumers for a special event for the duration of the special event. Makes the following changes regarding breweries: (1) Removes a requirement that the 90,000 barrel limit per calendar year applies to beer manufactured at a brewery located in Indiana. (2) Allows a small brewery to receive, bottle, and package beer from another small brewery if certain requirements are met. (3) Allows a small brewery to sell or transfer beer to certain food manufacturers for the purpose of adding or integrating the beer into a product or recipe. (4) Provides that a product that contains transferred beer may not contain more than 0.5% of alcohol by volume when the product leaves the food manufacturer's facility. Provides for permits for beer or liquor dealer employees who deliver alcoholic beverages. Increases, within a certain historic district, the number of alcoholic beverage restaurant permits from 10 to 15, and changes certain other requirements. Allows the alcohol and tobacco commission (commission) to issue a certain number of three-way permits to sell alcoholic beverages for on-premises consumption in the: (1) cities of Auburn, Kendallville, and Warsaw; and (2) towns of Winona Lake and Syracuse. Permits the issuance of three new three-way permits and three new two-way permits to the town of Whitestown. Requires the commission to issue a beer dealer's permit and a wine dealer's permit to an eligible grocery store. Increases the limit on the amount of liquor that an artisan distiller may produce in a calendar year from 10,000 to 20,000 gallons. Amends the conditions in which a minor can lawfully be in a room on a licensed premises in which is located a bar over which alcoholic beverages are sold or dispensed by the drink. Modifies the definition of "tobacco product", for purposes of the law concerning issuance of a tobacco sales certificate, to include a product that contains nicotine and is not approved by the federal Food and Drug Administration for tobacco cessation. Provides that an e-liquid distributor shall purchase and distribute e-liquid from an: (1) Indiana e-liquid manufacturer that has a valid e-liquid manufacturing permit; or (2) Indiana e-liquid distributor that has a valid e-liquid manufacturing permit or a valid tobacco distributor's license.

Establishes the state and local tax review task force (task force). Specifies the membership of the task force and the topics the task force is required to review. Provides that the member of the task force who is an economist is appointed jointly by the president pro tempore of the senate and the speaker of the house of representatives. Provides for the selection of the chairperson and vice chairperson of the task force.

Establishes the residential housing infrastructure assistance program (program) and residential housing infrastructure assistance revolving fund (fund). Provides that the Indiana finance authority (authority) shall administer the fund and program. Provides that political subdivisions may apply to the fund for loans for certain infrastructure projects related to the development of residential housing. Provides that money in the fund may not be used for: (1) debt repayment; (2) maintenance and repair projects; (3) upgrading utility poles; or (4) consulting or engineering fees for studies, reports, designs, or analyses. Provides that loans from the fund must be allocated as follows: (1) 70% of the money in the fund must be used for housing infrastructure in municipalities with a population of less than 50,000. (2) 30% of the money in the fund must be used for housing infrastructure in all other political subdivisions. Requires the authority to establish a project prioritization system for the purpose of awarding loans from the fund, and specifies the criteria that must be included in the project prioritization system. Allows the authority to establish a leveraged loan program to or for the benefit of program participants. Requires the public finance director to prepare an annual report of the fund's activities for the legislative council and the budget committee. Provides that the fiscal body of a county may adopt an ordinance to designate an economic development target area. Removes the threshold conditions for establishing a residential housing development program and a tax increment allocation area for the program, including the condition that the governing body of each school corporation affected by the program pass a resolution approving the program before the program may go into effect. Changes the duration of a residential housing development program from 25 years (under current law) to 20 years after the date on which the first obligation for program is incurred. Makes a continuing appropriation.

Provides that money in the National Guard tuition supplement program fund and the National Guard scholarship extension fund may not be expended, removed, or transferred from the respective fund except to be used for the purposes of the respective fund. Provides that an eligible applicant for: (1) a scholarship under the National Guard tuition supplement program; or (2) an educational cost exemption or award; may apply for a scholarship, exemption, or award to attend a state educational institution or an approved postsecondary educational institution under certain conditions.

Establishes the health care cost oversight task force and sets forth duties of the task force. Provides a credit against state tax liability to certain physicians who have an ownership interest in a physician practice and meet other eligibility criteria. Allows a credit against the state tax liability of an employer with fewer than 50 employees if the employer has adopted a health reimbursement arrangement in lieu of a traditional employer provided health insurance plan and if the employer's contribution toward the health reimbursement arrangement meets a certain standard. Requires the office of the secretary of family and social services to research and compile data concerning Medicaid reimbursement rates for Indiana and all other states and the national reimbursement rate average. Requires the submission of a report to the health care cost oversight task force and the general assembly. Establishes the payer affordability penalty fund. Specifies additional information that a hospital must report to the Indiana department of health in the hospital's annual report and establishes a fine for a hospital that fails to timely file the report. Provides that a bill for health care services provided by certain qualified providers in an office setting must be submitted on an individual provider form. Prohibits an insurer, health maintenance organization, employer, or other person responsible for the payment of the cost of health care services from accepting a bill that is submitted on an institutional provider form. Repeals language requiring a hospital to hold a public forum. Requires the department of insurance to contract with a third party to calculate an Indiana nonprofit hospital system's prices from certain health plans for specified calendar years. Before November 1, 2024, and before November 1 each subsequent year, requires the department's third party contractor to compare certain Indiana nonprofit hospital system facility pricing information with 285% of Medicare. Requires the calculations to be submitted as a report for review. Provides that a health care provider that enters into: (1) a value-based health care reimbursement agreement; and (2) an electronic medical records access agreement; with a health plan may qualify to participate in the health plan's program to reduce or eliminate prior authorization requirements. Requires a health plan that establishes a program to reduce or eliminate prior authorization requirements to provide certain information to health care providers concerning the program. Requires a third party administrator, insurer, or health maintenance organization that has contracted with a person to administer a self-funded insurance plan or a fully insured group plan to provide claims data to the person not later than 15 days from a request for the data. Specifies certain claims data to be provided and establishes a fine for a failure to timely provide the claims data. Requires the all payer claims data base advisory board to discuss specified issues concerning reimbursement rates. Allows for the provisional credentialing of physicians who establish or join an independent primary care practice.

Incorporates into Indiana's Uniform Commercial Code (UCC) the Amendments to the Uniform Commercial Code (2022) approved and recommended for enactment in all states by the Uniform Law Commission (ULC) to address emerging technologies. Makes conforming amendments to general provisions and definitions that apply throughout the UCC. Makes conforming amendments to chapters of the UCC governing the following: (1) Sales. (2) Leases. (3) Negotiable instruments. (4) Fund transfers. (5) Letters of credit. (6) Documents of title. (7) Investment securities. (8) Secured transactions. Repeals the chapter in the UCC governing controllable electronic records. Amends the definition of "money" for purposes of Indiana's Uniform Commercial Code (UCC) to specify that money: (1) is a medium of exchange that is not in an electronic form; and (2) does not include a central bank digital currency that is currently adopted, or that may be adopted, by the United States government, a foreign government, a foreign reserve, or a foreign sanctioned central bank. Establishes a new chapter in the UCC that: (1) governs controllable electronic records; and (2) incorporates the provisions of the ULC's amendments governing controllable electronic records. Provides that a "controllable electronic record" does not include an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government. Establishes a new chapter in the UCC that: (1) addresses the validity, enforceability, and perfection of certain commercial transactions, including secured transactions, entered into before the effective date of the amendments on July 1, 2023; and (2) establishes July 1, 2025, as an "adjustment date" on or after which certain transactions must conform to the requirements of the amendments to remain valid, enforceable, or perfected. Adds language to incorporate into Indiana's UCC the Amendments to Uniform Commercial Code Article 9 (2018), as approved by the American Law Institute and the National Conference of Commissioners of Uniform State Laws. Provides, through the incorporation of these amendments, that the provisions in the UCC providing that restrictions on the transfer of property pledged as collateral are ineffective do not apply in the case of a security interest in an ownership interest in a general partnership, limited partnership, or limited liability company.

Amends the definition of "athletic trainer" to include an individual employed by an occupational facility to practice athletic training. Amends the definition of "athletic training" to include the diagnosis and rehabilitation of athletic injuries under the direction and supervision of a licensed physician, osteopath, podiatrist, or chiropractor, including the use of manual therapies related to the reconditioning of athletes, but not including joint manipulation of the spinal column. Defines "manual therapies" and "supervision". Changes the education standard for licensing by the board as an athletic trainer from the satisfactory completion of an academic program including certain accredited courses to: (1) obtaining a professional athletic training degree from a postsecondary educational institution that meets the academic standards established by the Commission on Accreditation of Athletic Training Education (CAATE); and (2) the successful completion of a Board of Certification, Inc. (BOC) examination. Provides that an individual may be exempted by the board from the examination requirement if the individual is certified by the BOC (instead of by the National Athletic Trainers Association) and authorizes the board to issue a temporary permit to practice as an athletic trainer to an individual who is practicing in a state that does not license or certify athletic trainers but is certified by the BOC (instead of by the National Athletic Trainers Association). Eliminates the requirement that the board contract with the National Athletic Trainers Association to conduct and score the qualifying examination for athletic trainers.

Provides that the commission for higher education may establish an education and career support services pilot program to provide career and support services to adult students of state educational institutions. Provides that the office of the secretary of family and social services (FSSA), in consultation with Erskine Green Training Institute and the department of workforce development, may establish a manufacturing workforce training pilot program to provide training and other services to: (1) individuals with intellectual and other developmental disabilities; and (2) incumbent workers who are identified to fill higher paying jobs as a result of increased workforce participation by individuals with intellectual and other developmental disabilities. Specifies requirements and permitted actions for each pilot program. Requires FSSA to amend administrative rules.

Specifies the amount of compensation by a manufacturer or distributor to a dealer for a part. Provides the requirements for a remedy procedure or parts required to be provided to a dealer by a manufacturer or distributor to repair a used motor vehicle that is subject to a stop sale directive. Provides that a manufacturer or distributor shall compensate a dealer for assistance requested by a customer whose vehicle is subject to an over-the-air or a remote repair, or an update to a part, system, accessory, or function by a manufacturer or distributor that is performed at a dealership. Provides that a manufacturer or distributor may not require a dealer to purchase a product or service from a vendor designated by the manufacturer or distributor if the dealer selects a vendor that provides products or services that are substantially similar to that of the vendor designated by the manufacturer or distributor, meets reasonable program standards or requirements of the manufacturer or distributor, and is subject to the approval of the manufacturer or distributor. Provides that a franchisor is not considered to be competing unfairly if operating a business for less than one year. (Current law says for less than two years.) Provides for conditions a manufacturer or distributor may not place on a dealer, as a condition of granting or continuing a franchise, approving the transfer of ownership or assets of a new motor vehicle dealer, or approving a successor to a new motor vehicle dealer. For provisions concerning unfair practices for a manufacturer, distributor, officer, or agent, makes the effective date effective upon passage. Provides that a manufacturer or distributor may not coerce or require a dealer to make improvements to the dealer's facilities or install signs or other franchisor image elements that would result in replacing or substantially altering improvements or image elements that the dealer made or installed during the immediately preceding 10 years. (Current law provides that a manufacturer or distributor may not require a dealer to make changes in the immediately preceding seven years.) Provides that it is an unfair practice for a manufacturer or distributor to: (1) require a dealer to; or (2) coerce a dealer into; selling or offering for sale certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source. Provides that it is an unfair practice to consider sale or offer of sale of certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source when determining eligibility to purchase products from, volume of purchases from, and pricing from the manufacturer or distributor. Provides that it is not an unfair practice for a manufacturer, distributor, affiliate, or captive finance source to: (1) offer discounts, rebates, or other incentives to a dealer who voluntarily sells or offers to sell certain products approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source; or (2) require a dealer to disclose the sale of certain products not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source.

Increases the size of the fire prevention and building safety commission (commission) from 11 members to 12 members. Requires commission members to represent certain defined interests or professions, beginning August 1, 2023. Requires a commission member to be a resident of Indiana, beginning August 1, 2023. Provides that a commission member serves at the pleasure of the governor. Increases the number of members required for a quorum from six members to seven members. Provides that the affirmative vote of not less than two-thirds of the commission members present and voting is necessary for purposes of adopting a rule. Provides certain procedures for the review and adoption of building codes. Provides that a local unit of government may not adopt an ordinance concerning construction and remodeling that: (1) conflicts with the statute or a building code adopted by the commission; or (2) includes more stringent or detailed requirements than those set forth in the statute or a building code adopted by the commission. Provides that this prohibition does not apply to a unit's architectural design standards or its zoning ordinances.